Asbestos News Autumn 2016 - NO IPSUM2

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Asbestos News January 2016 Caring for our clients Commitment to our cases Cutting edge expertise Founding Sponsors of Fieldfisher top ranked nationally for mesothelioma & asbestos claims Fieldfisher has “outstanding depth of expertise” having handled numerous high-value asbestos, mesothelioma, lung cancer and fatal claims. ‘Fieldfisher’s practice retains its standing as one of the strongest in the market.’ ‘Undisputed expertise in industrial disease work, with particular strength in mesothelioma and asbestos-related work’ Legal 500, 2015 Chambers & Partners, 2015 2014 They’re an absolute Rolls-Royce practice when it comes to industrial disease, particularly in asbestos work - they’re top-tier Legal 500, 2014

Transcript of Asbestos News Autumn 2016 - NO IPSUM2

Page 1: Asbestos News Autumn 2016 - NO IPSUM2

Asbestos NewsJanuary 2016

Caring for our clients Commitment to our cases Cutting edge expertise

Founding Sponsors of

Fieldfisher top ranked nationally for mesothelioma & asbestos claims

““

“Fieldfisher has “outstanding depth of expertise” having handled numerous high-value asbestos, mesothelioma, lung cancer and fatal claims.

“‘Fieldfisher’s practice retains its standing as one of the strongest in the market.’

“‘Undisputed expertise in industrial disease work, with particular strength in mesothelioma and asbestos-related work’ “

““Legal 500, 2015

Chambers & Partners, 2015

2014

They’re an absolute Rolls-Royce practice when it comes to industrial disease, particularly in asbestos work - they’re top-tier“ “Legal 500, 2014

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www.fieldfisher.com/personalinjury | Freephone 0800 358 3848

Contents

1 Diffuse mesothelioma payment scheme payment update

2 Parliamentary Group calls for eradication of all asbestos in Britain

4 Negligence and Damages Bill ensures families left behind are compensated

5 House of Lords debate levy on insurance companies to fund research 6 Claim against George Wimpey for keen cyclist

7 Previous client statements help claims against SWEB

7 Claim against Atomic Energy Authority for Sellafield employee 8 Glass Bender secures DMPS award after insurer denies fault 9 Scaffolder wins case after dispute over diagnosis 10 Wharfer’s family compensated for exposure whilst unloading barges

11 Fieldfisher witness and insurer database insure compensation 12 Ford Motor Company compensate for brake lining exposure

13 NHS admit faulty pipework at hospital in Hackney caused mesothelioma 14 Laboratory technician exposed to asbestos in fume cupboards

16 Compensation for veterans with asbestos cancer 17 Compensation for family of Ex-Power Station worker for asbestosis and mesothelioma

18 Father-of-two dies of mesothelioma from IRA bomb fallout 19 Compensation following exposure in Timber Mill

20 Compensation for Fieldfisher witness who goes on to develop mesothelioma

Mesothelioma UK www.mesothelioma.uk.com 0800 169 2409

Department for Work and Pensions www.dwp.gov.uk

British Lung Foundationwww.lunguk.org0300 003 0555

Useful organisationsMacmillan Cancer Supportwww.macmillan.org.uk0808 808 0000

Cancer Research UK www.cancerhelp.org.uk 0808 800 4040

Peter WilliamsPartnert: 020 7861 4825

Ranked No 1 For Industrial Disease LitigationChambers & Partners

At Fieldfisher we understand what a difficult time patients and their families may be going through when there is a diagnosis of an asbestos related disease.

Our clients have the right to compensation for a terrible illness which they have contracted through no fault of their own, but through the negligence of their employers and others.

We have recovered over £220 million for our clients and concluded over 2,500 successful cases. Our lawyers are renowned for their expertise, their commitment and the care they take in such sensitive situations. The three partners here each have over 20 years experience in acting almost exclusively for clients suffering from mesothelioma and other asbestos diseases.

We have been instrumental in changing the law for the benefit of victims both at Government level and through cases in the House of Lords. Cases conducted by our partners have resulted in changes to the law to allow hospices to recover the cost of looking after mesothelioma patients from those who we sue on their behalf.

We deal with cases very quickly, with minimal fuss and disruption, allowing clients to focus on enjoying time with their families.

If you would like to discuss a mesothelioma or asbestos claim, or you would like more information about the legal claims process, please call me on 020 7861 4825 or email [email protected]

Peter Williams Head of Asbestos Claims Team

Welcome to the latest 2016 edition of Asbestos News

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Diffuse mesothelioma payment scheme, payment update

The diffuse mesothelioma payment scheme (DMPS) has been making substantial payments to some mesothelioma suffers since July 2014. Most people suffering from mesothelioma were exposed to asbestos at work and have been able to pursue claims against employers, though not always successfully. In many cases, these employers have ceased trading by the time the mesothelioma appears, so that the sufferer has no employer to sue. In some cases employers liability insurance details cannot be located as insurance records

are patchy and incomplete and in some cases insurance was simply not taken out.

In some circumstances, a payment will be made by the DMPS where the Applicant can prove that he or she was exposed to asbestos in employment as a result of his or her employer's negligence, and demonstrates that he or she has taken steps to find his or her employer's insurer but without success.

Age of the person with diffuse

mesothelioma

Scheme Payment

40 and under £271,120

41 £267,439

42 £263,758

43 £260,078

44 £256,396

45 £252,715

46 £249,034

47 £245,353

48 £241,671

49 £237,990

50 £234,309

51 £230,628

52 £226,946

53 £223,265

54 £219,584

55 £215,903

56 £212,221

57 £208,540

Age of the person with diffuse

mesothelioma

Scheme Payment

58 £204,859

59 £201,179

60 £197,498

61 £193,816

62 £190,135

63 £186,454

64 £182,773

65 £179,091

66 £175,410

67 £171,729

68 £168,048

69 £164,366

70 £160,685

71 £157,004

72 £153,323

73 £149,641

75 £142,279

76 £138,599

Age of the person with diffuse

mesothelioma

Scheme Payment

77 £134,918

78 £131,236

79 £127,555

80 £123,874

81 £120,193

82 £116,511

83 £112,830

84 £109,149

85 £105,468

86 £101,786

87 £98,105

88 £94,424

89 £90,743

90 and over £87,061

* Payments for mesothelioma patients diagnosed after 10 February 2015.

Please contact one of our solicitors for further details regarding the payments made and the criteria or, alternatively, please see our DMPS Guide for Clients.

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A report published on 16th October 2015 by the All-Party Parliamentary Group on Occupational Safety and Health has called for urgent action to eradicate asbestos that remains in

Britain’s workplaces and public buildings.

This year according to official figures 5,000 people in Britain are likely to die prematurely as a result of asbestos exposure. This is around three times the number of road accident deaths.

Everyone who is dying now from asbestos exposure was exposed decades ago. Exposure to asbestos was common amongst occupations such as carpenters, plumbers and electricians but also occurred amongst workers with no history of work in the construction related sector who are likely to be affected through exposure in the workplace. This includes shop workers, healthcare workers, telephone engineers, finance workers and increasingly those exposed to asbestos in public buildings such as teachers and healthcare workers. Asbestos is present in around 75% of

schools. There is no safe threshold of exposure to asbestos fibre. This means that the inhalation of small quantities even over a short period can lead to mesothelioma decades after exposure. We at Fieldfisher act for many victims who have only been exposed to tiny amounts of asbestos dust, decades past.

The death rate is not due to decline until 2020. However asbestos is still with us and is as still as dangerous as ever. Asbestos containing materials can be found in around half a million non-domestic properties. It is present in a range of different forms including lagging, on pipes and boilers; sprayed asbestos on pipes in voids; asbestos cement in the form of roofing, wall cladding, guttering, pipes, water tanks and corrugated sheets; insulating boards; tiling; textured wall coatings; and asbestos rope and cloth. Often it is either hidden or had not been identified. This means that people are still being exposed and at risk to being exposed to asbestos. It is often people who are working in maintenance refurbishment or demolition where people can and are exposed as fibres can become dislodged and breathed in.

From 2004 there has been a specific duty on employers to manage existing asbestos in buildings and in 2006 all the existing Regulations were pulled together in one single Regulation that states:

• If asbestos containing materials are in good condition and are not likely to be damaged they can be left in place and their condition monitored to ensure they are not disturbed.

• Those responsible for the maintenance of non-domestic premises have a duty to manage the asbestos in them.

• To protect anyone using or working in the premises and before doing any building or maintenance work that might contain asbestos it needs to be identified, the risks assessed and managed and controlled.

• Removal needs to be done by a licensed contractor and training is required for anyone likely to be exposed to asbestos at work.

Despite this, asbestos is still in place in buildings places a major hazard to both workers and the wider public. It is the view of the All-Party Parliamentary Group that retaining a policy of managing asbestos in place is no longer appropriate and must be changed. It is extremely unlikely, in their opinion, that asbestos is never going to be disturbed if it is left in place for decades. We know that all premises are not surveyed. A 2010 survey of 600 schools showed that only 28% of respondents said the presence of asbestos containing materials were clearly marked. In addition there is a clear lack of awareness amongst those most at risk. In 2014, when asked by the HSE, only 30% of 500 trades people who were asked were able to identify all the correct measures for working safely with asbestos.

According to the Group the only way we will eradicate mesothelioma in Britain is by removing asbestos. Other countries are already developing eradication plans. In 2013 Australia set up an Asbestos Safety and Eradication Agency with the specific goal of removing asbestos from public and commercial buildings and Poland has also

Parliamentary Group calls for eradication of all asbestos in Britain

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Fieldfisher as members of the Asbestos Subcommittee of the Group fully support the initiative. Peter Williams, Head of the Asbestos Claims at Fieldfisher says:

“Only by eradicating asbestos in buildings can future generations be safe from the terrible effects of asbestos disease.”

made a commitment to remove all asbestos by 2032. The European Parliament has called for the removal of asbestos for all European public buildings by 2028.

The Group believes we need a new law on asbestos and a clear timetable for its eradication in Britain. It recommends such a law should include provisions that:

• All commercial public and rented and domestic premises have to conduct and register with the HSE a survey by a registered consultant which indicates whether asbestos material is present and in what condition.

• Where asbestos is identified in any premises or refurbishment repair or remedial work done in the vicinity of the asbestos containing material it should include the removal of asbestos. Where no such works takes place or is planned within the foreseeable future the duty holder must develop and implement a plan for the removal of all asbestos which ensures that removal is completed as soon as reasonably practicable but certainly no later than 2035. In the case of public buildings and educational establishments such as schools this should be done by 2028.

• The HSE, Local Authorities and other enforcing agencies must develop a program of workplace inspections to verify that all asbestos containing material identified is properly marked and managed and that asbestos eradication plans are in place. Resources should be made available to the enforcing agencies to ensure that all workplaces and public places are complying with the Regulation relating to management and removal and that disposal is being done responsibly and safely.

• Before any house sale is completed a survey should be done which includes a survey of the presence of asbestos. Any asbestos containing materials should be labelled. Information on the presence of asbestos should be given to any contractor working on the house.

Ian Lavery, Chair of the All-Party Group says:

“There is far too much complacency about the asbestos which we can still find in hundreds of thousands of work places as well as a majority of schools where children face exposure to this killer dust.

We believe that the Government needs to start now in developing a program to ensure that asbestos is safely removed from every workplace and public place so that we can end once and for all this dreadful legacy which has killed so many people and will continue to kill until asbestos is eradicated.”

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A private members Bill has been introduced in Parliament with the purpose of reforming the laws relating to bereavement damages following a death and relating to damages for

psychiatric injuries.

The Bill has been introduced by Andy McDonald who is the MP for Middlesbrough, and will extend the list of prescribed relationships for people to claim under this header to include civil partners and children over the age of 18.

Psychiatric Injury to Secondary Victims

The Bill extends the common law approach to psychiatric injury suffered by so called secondary victims. The court will not normally award compensation unless the primary incident is shocking and the secondary victim is a close relative of the primary victim (such as a parent or a spouse) and was close in space and time to the accident that caused the injury.

This has been the law since the Hillsborough disaster when the courts limited the circumstances in which damages for psychiatric injury are awarded (Alcock v Chief Constable of South Yorkshire [1992])

The Proximity Test

There is uncertainty as to how close a secondary victim must be to the accident. In McLoughlin v O’Brien, Mrs McLoughlin was telephoned to say her husband and children were on their way to hospital following an accident. She rushed to the hospital and arrived to see her children and husband arriving, covered in blood and obviously very seriously injured. She sustained psychiatric injury as a result. The courts awarded compensation for the proven psychiatric injuries even though she was not at or near the scene of the accident itself..

Reform

The new Bill proposes that anyone can make a claim for psychiatric injury if it is reasonably foreseeable that they might suffer such an injury as a result of the “close tie of love and affection” that existed between the primary victim and the secondary victim.

Negligence and Damages Bill ensures families left behind are compensated

Psychiatric Injury in Mesothelioma Cases

This Bill is a particularly welcome development in the context of mesothelioma and other asbestos disease claims.

At present it is fairly clear that the widow of someone who dies from mesothelioma is not entitled to compensation for any psychiatric injury, simply because there was no single “shocking event”. That is unfair when the same woman whose husband is killed in a work accident may be entitled to compensation for psychiatric injuries. We see in our mesothelioma practice many occasions where the wife gives up work to look after her terminally ill husband and develops clinical depression which prevents her from returning to work for what can be an extended period. In future she may be able to claim compensation.

Lost Years Claims

The Bill also proposes changes to the way compensation is award in cases involving terminal illnesses like mesothelioma. The Bill proposes that losses in the “lost years” claimants should “give credit” for 25% of their net income to take account of basic living expenses. This compares with the current “rule of thumb” which is to deduct 50%. Where a claim is brought by a dependent widow under the Fatal Accidents Act 1976 the usual deduction is somewhere between 25% and 33%, depending mainly on whether there are any dependent children. This proposal therefore aligns the value of a “living” claim more closely with the value of a “fatal” claim. This reduces the iniquity of a dying client having to choose between settling in life or wanting a higher award for the family they leave behind.

Eligible Dependents

The Bill also proposes to extend the range of persons who can claim compensation following the death of a loved one to include a wider range of dependant relatives. The Bill also allows such persons to claim compensation for stress and anxiety suffered in anticipation of the death and for grief and sorrow arising after the death.

Actuarial Principles

Lastly the Bill addresses a technical point that actuarial calculations should be undertaken as at the date of trial rather than as at the date of death. This follows the recommendations of the Ogden Working Party and the Law Commission in their Report 263 (Claims for Wrongful Death), and follows the “actuarial” approach that applies in Scotland. It overturns the somewhat discredited decision of the Court of Appeal in Cookson v Knowles [1979] A.C. 556 which has been criticised in a number of subsequent cases (such as White v Esab [2002] PIQR Q6, H v S [2002] EWCA Civ 792, Fletcher v A Train [2008] EWCA Civ 413.) This has the effect of protecting claims from inflationary erosion when much time elapses between the date of death and the date of the trial.

Andy McDonald MP

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He went on to say that

“This is not simply a disease of the past and this is a point underlined by the National Union of Teachers, which states that asbestos remains present in about 86% of schools, leading to an estimated 200 to 300 adult deaths a year. Expert advice given to the House of Commons Select Committee on Education estimates that up to 300 former pupils a year die of the disease following contact with asbestos in schools.”

In January 2015 it was announced that Aviva and Zurich would donate £1 million over two years to the British Lung Foundation’s mesothelioma research programme, but speaking in the debate, Baroness Finlay of Llandaff said this was on a voluntary basis.

On Friday 20th November, the House of Lords passed a Second Reading of the Mesothelioma (Amendment) Bill moved

by Lord Alton of Liverpool.

The Mesothelioma Act 2014 provides a fund of last resort to compensate mesothelioma sufferers who were exposed to asbestos at work but cannot claim compensation because the employers no longer exist and their insurers cannot be traced. This is funded by a levy on insurance companies.

A Bill debated in the House of Lords proposes an additional levy on about 150 insurance companies active in the employers’ liability insurance market to fund medical research into treatment for mesothelioma. At the moment there is no cure.

Lord Alton said that

“Society owes a great debt to those who went to work, often in hard and heavy industries, and built the economy of this country only to suffer terrible consequences.”

Lord Winston said that it is:

“Important to emphasise that we are doing research in this country. Whether we are doing enough remains for other people to decide. However, it is important to recognise that these cancers are very resistant to all sorts of treatment, which is one of the reasons why they are so emotionally as well as physically painful.”

House of Lords debate levy on insurance companies to fund research

Special mesothelioma funding is moving closer to becoming a reality

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Claim against George Wimpey for keen cyclist

“ “Our mesothelioma and asbestos team act on a ‘no win, no fee’ basis. We do not expect you to travel to our offices - we are

happy to visit you at home

How we can help

We often rely on our own extensive insurance database to identify details of insurers of dissolved companies and we‘re often approached by other lawyers who are trying to trace insurer’s information.

Tony Walder had worked as a carpenter since he was 15. He worked for Kier Limited at Kingsnorth Power Station in the 1960s. During this time laggers

were mixing up asbestos powder to make the insulation plaster that they applied to large areas of pipes and other parts of the power station. The asbestos from their work hung around in the air exposing Tony and others to asbestos. He later worked for George Wimpey Limited on the Stanhope Housing estate in Ashford, Kent where he cut asbestos for the soffits of the houses and was exposed to asbestos from that. He was never given any form of protective equipment or warnings about the dangers of asbestos dust.

He noticed problems with his breathing in December 2012 and was referred to the Medway Maritime Hospital where they drained a large amount of fluid from his lung. He was diagnosed with mesothelioma in April 2013. He had chemotherapy but sadly deteriorated, losing weight and suffering considerable pain. He was unable to play with his grandchildren which upset him. His sister looked after him at home until he passed away in March 2014.

Prior to his illness he was an extremely fit and active man who would frequently take part in sponsored half marathons and cycle on behalf of charities such as the NSPCC. He was also a keen diver and boater and had built his own boat. He was a staunch supporter in campaigns to end animal cruelty. He had also helped his sister to run a boarding cattery and animal sanctuary on the Isle of Sheppey.

The former employers denied liability and it was not possible to complete the claim during Tony’s lifetime. Court proceedings were issued and the claim was carried on by his sister. It was successfully settled the day before the court hearing date.

Tony Walder

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With the benefit of the witness evidence we were able to obtain from our previous clients, we were able to establish the types of duties that the late Mr T would have carried out as an electrician with SWEB. We were also able to adduce evidence of the ways in which he could possibly have been exposed to asbestos at that time. With the benefit of the statements and supportive medical evidence (after having obtained the medical records from Spain) Dushal was able to secure a settlement for Mrs T in the sum of £100,000. This was despite the absence of evidence from Mr T himself and not being able to locate any witnesses who actually worked with Mr T.

for most of his life. She was aware that he had worked for a period of time for the South West Electricity Board (“SWEB”) but she had no further details.

Dushal was aware that previous claims had been made by Fieldfisher for electricians who had been exposed whilst working for SWEB. Despite providing SWEB with Mr T’s date of birth and national insurance number, they were unable to locate any employment records for him. We applied for a Court Order to allow HMRC to release the late Mr T’s employment history and also went about contacting historic witnesses and clients who had worked for SWEB to obtain their authority to use their witness statements in support of Mrs T’s claim.

At the end of the case Mrs T went on to say:

“I would like to thank you and/or your staff for all the hard work to secure a successful case.”

Mr Hewitt commented:

“Caroline has worked hard and proved to be a sincere and professional lawyer, with a satisfactory result with my claim. Thank you so very much indeed.”

Dushal Mehta was instructed by Mrs T to bring a claim following her husband’s death due to mesothelioma. Mr T had been diagnosed with

mesothelioma whilst living in Spain. He was not advised to make a claim and sadly died on 17 July 2011. Mrs T had to make arrangements for his body to be brought back to the UK as she had decided to move back to live closer to her family in Cornwall.

Mrs T then instructed Dushal Mehta to investigate a claim for compensation. Mrs T had limited information as to her husband’s working history other than to advise that he worked as an electrician

Previous client statements help claim against SWEB

Claim against Atomic Energy Authority for Sellafield employee

Maurice Hewitt began employment with the United Kingdom Atomic Energy Authority in Sellafield in 1954 and was exposed to asbestos when carrying out maintenance

work there when he had to remove asbestos lagging on pipes, usually to repair valves or replace a section of pipe. He worked in the areas where the uranium was fed into tanks to be melted down. The pipe work in this area was covered with asbestos lagging because of the high temperatures involved.

In September 1963 he transferred to the Nuclear Reactor Site at Winfrith, Dorset. He was also exposed to asbestos there because many of the pipes were covered with asbestos insulation, again because of the high temperatures involved.

Mr Hewitt was diagnosed with mesothelioma in March 2015. He was 90 years old when he was given this diagnosis but had been very active until the onset of symptoms in January of

that year. He had shared the housework with his wife and had regularly walked into town to do the shopping before suffering from mesothelioma. His wife suffers from osteoporosis and had relied on him to do some of the more strenuous household chores as well as shopping.

Mr Hewitt instructed Caroline Pinfold to pursue a claim against the UKAEA in April 2015 and she successfully concluded this for him in September 2015.

Maurice Hewitt

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Shaheen then submitted a fresh application to the DMPS advising that the insurer had denied liability. The DMPS confirmed that Mr A’s new application was successful and he received a payment from the DMPS in June 2015.

Glass Bender secures DMPS award after insurer denies fault

Mr A was diagnosed with mesothelioma in January 2015. He contacted Fieldfisher in early February and Shaheen represented Mr A. Mr

A was employed as a glass bender from 1950-1957 and 1959-1970 for a company which made neon signs. This was his only exposure to asbestos because he had to use asbestos paper which came in rolls.

The company was dissolved but we were able to trace an insurer from February 1965 to February 1966. Shaheen advised Mr A that if he pursued a legal claim against his former employer, it was unlikely to succeed because Mr A’s exposure to asbestos would be considered “low level” exposure and it was not known until the end of 1965 that injury could be caused to workers who were exposed to low levels of asbestos dust. In addition, the company was a small family business and it was unlikely that the company would have had the requisite knowledge as early as February 1966, when the known insurance coverage expired.

Shaheen therefore submitted an application on behalf of Mr A to the Diffuse Mesothelioma Payment Scheme (DMPS) on the basis that even though an employer’s liability insurer had been traced, it was unlikely that during the period of insurance (February 1965 to February 1966) the company would have had knowledge that exposure to low levels of asbestos could cause injury. It was Mr A’s case that if he had traced employer’s liability insurance for a later period then, on balance, his claim would be successful.

The DMPS dismissed his claim on the basis that employer’s liability insurance had been traced and therefore the application fell outside the Scheme. Shaheen asked the DMPS to review their decision and put forward arguments about knowledge. Unfortunately, the DMPS rejected the arguments.

Shaheen then reported the claim to the insurer that had been traced and was able to persuade them to provide a

timely response. The insurer’s solicitor confirmed that the insurer would be denying the claim on the basis that the exposure was not negligent and the company was not in breach of any statutory duties. The company simply could not have foreseen that exposure to low levels of asbestos would be sufficient to cause injury.

Mr A was very pleased with the outcome and commented

“Thank you again for all the work you have put in to make this claim possible for me”.

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Caroline Pinfold acted for Mr Plumer who was exposed to asbestos working for two different companies, SGB and Palmers Scaffolding a

scaffolder in the 1970s and 1980s.

During the course of his employment with these companies, he worked on several projects including the demolition of an old sorting office in Mount Pleasant and the Ford Motor plant in Dagenham.

The main way in which Mr Plumer was exposed to asbestos was during the clearing up process after work by other contractors had been completed. At Mount pleasant asbestos sheets had been laid onto the scaffolding for fire protection purposes when demolition contractors had used thermal lances. Asbestos lagging had also been removed and dust lay on the boards afterwards. In the Ford Motor plant there was also asbestos dust on sheets covering the boards of the scaffolding . There were large quantities of asbestos dust in the air when the scaffolding was being dismantled and any dust covers were cleared away.

At no point during his employment was he ever warned about the dangers of asbestos or provided with any protective equipment.

Mr Plumer noticed that he was getting progressively short of breath and had

Scaffolder wins case after dispute over diagnosis

X-rays but nothing was detected at first. He was admitted to hospital in March 2012 after he complained that he felt as if he was drowning. He had six litres of fluid drained from his lung. He was transferred to another hospital where he had a drain inserted in his chest and discharged. He returned a week later when the drain was removed. He lost about two stone in weight. He had to return in July 2012 when he was told that he had mesothelioma.

The employers denied liability. Proceedings were issued and the employers then agreed that they had been negligent but denied that Mr Plumer had been correctly diagnosed because his medical condition was unusual. Dr R M Rudd, an eminent medical expert on mesothelioma had reported on behalf of Mr Plumer. Professor Sheaff, a renowned consultant histopathologist also reported on the tumour samples. The defendants obtained a report from Professor Gleeson, a consultant radiologist who was of the view that although the progression of the mesothelioma was unusual there were various reasons for supporting that diagnosis.

The defendants then accepted full liability and the proceedings settled about three weeks before it was listed for hearing in the High Court.

� We often rely on our extensive witness statement database to assist in cases. These statements often make all the difference

� Many previous witnesses and clients will agree to their statements being used in further cases

How we can help

Did you know...

From 2004 there has been a specific duty on employers to manage existing asbestos in buildings and in 2006 all the existing Regulations were pulled together in one single Regulation that states:

� If asbestos containing materials are in good condition and are not likely to be damaged they can be left in place and their condition monitored to ensure they are not disturbed.

� Those responsible for the maintenance of non-domestic premises have a duty to manage the asbestos in them.

� To protect anyone using or working in the premises and before doing any building or maintenance work that might contain asbestos it needs to be identified, the risks assessed and managed and controlled.

� Removal needs to be done by a licensed contractor and training is required for anyone likely to be exposed to asbestos at work.

Mr Plumer

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After the case settled, Linda went

on to say:

“I am very grateful to Andrew. He made a very difficult and sad case very easy for me to pursue after Tony passed … Andrew kept me very well informed by letter or phone explaining every detail so it was easy to understand.

Andrew helped me in every way he could. Tony would be pleased the claim has now been settled as it ensures my daughter and 5 grandchildren’s financial future.”

Tony’s wife, Linda, took over the claim and an increased figure of £168,530 some four months after Tony had passed away.

The defendant agreed to make a payment of £2,271 to the hospice where Tony received care during his final days.

The case was conducted on a “No Win – No Fee” basis so that

Wharfer’s family compensated for exposure whilst unloading barges

neither Tony nor Linda had to make any contribution to their legal costs.

Tony Ely worked for LEP Transport, at Sunlight Wharf on the banks of the Thames in the City of London, from about 1963 to about 1980.

Throughout most of this period Tony’s job was to oversee gangs who were unloading barges from the river and storing the contents in the warehouse and then loading the goods on to lorries to be taken to their final destinations. LEP Transport handled a wide variety of materials and goods including foodstuffs, leather goods and construction materials. Tony remembered, in particular, that when some repairs were needed to St Paul’s Cathedral the blocks of stonework were brought up to Sunlight Wharf by barge and were unloaded there before being taken up to the Cathedral nearby for the repairs.

Tony remembered that at LEP Transport they had to handle with hessian sacks. These were packed into the barges in layers. When the sacks were unloaded from the barge they were placed on pallets before the pallets were lifted by crane and then delivered to the storage areas in the warehouse. The sacks were then taken by forklift truck and were moved to wherever they were going to be stored. In order to make more room and to pack things efficiently and tightly it was often necessary to take the sacks off the pallets and then to stack them to make more room for other goods.

Tony remembered that the sacks, like all goods, were sometimes damaged and broken open. As a result when working with these sacks he worked in a particularly dusty environment.

Before the sacks were despatched from the warehouse they were generally loaded onto pallets and the pallets were then placed on flat back lorries. Sometimes sacks were loaded directly on to flat back lorries. The sacks would be covered with a tarpaulin sheet and tied down before the lorry left.

The sacks contained asbestos. The dust that they generated therefore also contained asbestos.

It was Tony’s job, as chargehand, to organise where all the goods were stacked

and stored and to organise how they should be laid out ready for despatch. This meant that he was in and around all the goods, including the sacks, as they were being loaded and unloaded and despatched.

This system of work continued until Tony left LEP Transport in 1980, although the number of barges and the volume of goods reduced from the middle of the 1970s onwards as the industry felt the effects of containerisation.

After 1980 Tony took a job in security, mainly working in the City, until he retired.

Tony developed pains on the right hand side of his chest in early 2013 so he went to see his GP. He was eventually referred to hospital where he was found to have fluid on the lung. He was referred on to Guys Hospital for further treatment where he was given the diagnosis of mesothelioma.

Tony contacted Partner Andrew Morgan for advice. Andrew was able to prove that LEP Transport Limited still existed, although it has changed its name, and he made a claim. Sunlight Wharf was situated only a few hundred yards from the offices of Fieldfisher, also on the banks of the Thames near London Bridge.

The Defendant’s insurers denied liability throughout but after some delay they wrote to accept Tony’s offer of settlement. Sadly Tony had died from his condition just the day before the Defendant’s accepted his offer. As a result, the offer had lapsed.

Tony Ely

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Mr Rundle went on to say:

“From the day Fieldfisher were instructed to deal with my late father’s claim I felt I was in good hands. I had every confidence in their professional and courteous manner and have always been shown respect and compassion during this difficult time. I would therefore like to take this opportunity to express my grateful thanks to both Peter Williams and Shaheen Mosquera in pursuing the claim to a successful conclusion and for ensuring my mother will now have a secure financial future.”

Fieldfisher witness and insurer database ensure compensation

Mr William Rundle was age 76 when he became unwell and was referred to hospital in April 2012 for tests. He underwent a surgical procedure and biopsies were taken

but unfortunately, the results were negative but there was a suspicion of mesothelioma. Sadly, Mr Rundle’s condition deteriorated rapidly and he passed away on 23 October 2012. A Post-mortem examination revealed that the cause of death was due to the industrial disease of mesothelioma.

Prior to his illness, Mr Rundle was active for his age and was very hands on with DIY because he was an experienced carpenter. Mr Rundle enjoyed attending the local social club with his wife and participated in dance classes and played snooker.

Peter Williams was instructed to investigate a claim on behalf of the widow, Georgina Rundle after his death which had been caused by mesothelioma. When Mr Rundle’s son, Andrew contacted Fieldfisher he wasn’t too sure where his father had been exposed to asbestos but was able to tell us that his father had worked most of his life as a carpenter in the exhibition industry.

This was a claim where the family were unsure about the circumstances of Mr Rundle’s exposure to asbestos and we therefore requested Mr Rundle’s employment history from HM Revenue & Customs (HMRC) which listed an entry for The Mersey Insulation Co Ltd in 1964/65. The name of the company suggested that it was a thermal insulation company and that the Deceased may have worked as a lagger.

Peter Williams made contact with solicitors in the Liverpool area to see if they had acted on behalf of clients who had worked for this company. Fortunately, we were able to locate a witness who had worked for the company around about the same time and even though he had not worked with the late Mr Rundle, he was able to describe that the company employed laggers to work on refurbishment of ships at the Mersey Docks. The laggers removed old asbestos lagging from the pipes and

boilers and also applied new asbestos lagging. The ships were full of asbestos dust and fibres.

In addition, we were able to obtain a statement from the late Mr Rundle’s brother who said that his brother had set up his own business sometime in the mid-60s making reproduction furniture but he recollected that his brother had mentioned to the family that he had worked for a period of time in Liverpool working alongside laggers who played with the asbestos and had snowball fights. Mr Rundle was not able to remember the name of the company but it was clear from the witness who had come forward and the HMRC employment history that the description tied in with the Mersey Insulation Company.

We were able to trace the insurer and the claim was reported and on 7 April 2015 the insurer admitted liability. Solicitor, Shaheen Mosquera entered into negotiation settlements and Mrs Rundle accepted a six figure settlement offer towards the end of September 2015.

Mr & Mrs Rundle

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Peter Mansfield was employed as a tool maker at the research site in Dunton, Essex by the Ford Motor Company Limited from about

1969 until about 1989. He continued work for the Ford Motor Company Limited until he retired in 1998 but did not believe that he was exposed to asbestos after he transferred to the Ford Radiator Plant in Basildon in 1989.

Whilst working at Dunton he was part of a team carrying out research on prototype vehicles which were tested before they were put into production. Almost every vehicle required adjustments to the brakes and at least once every couple of months he was asked to make some adaptation to the brake pads which, in those days, contained asbestos.

Ford Motor Company compensate for brake lining exposure

The brake pads varied in size depending on the vehicle and the work varied depending on what the engineer was trying to achieve. Very often he was asked to make the brake pad thinner or cut it down. He did this on a grinding wheel in the workshop. The dust would f ly up into the air when he was doing this and he could not avoid breathing in asbestos dust and fibres.

Sometimes he would be asked to cut holes in the brake pads for which he used a drilling machine. Another adaptation was to put a slot through the brake pad and he did this using a grinding machine. It would usually take around one hour to do these modifications and he was exposed to asbestos dust and fibres when carrying out this work over the course of 20 years.

The company did not provide him with a mask or any equipment to

protect him from the asbestos dust and fibres. He was never warned about the possible risk to his health from the asbestos.

Mr Mansfield was diagnosed with mesothelioma in July 2014. He suffered greatly from the time of the diagnosis and passed away in September 2014.

The company initially denied liability but Caroline Pinfold achieved a successful outcome on behalf of Mr Mansfield’s widow, Brenda, in September 2015.

His daughter wrote

“I would like to thank you for your help and kindness dealing with this claim, during this very difficult period in my life. You have been compassionate and professional throughout, visiting me in my home and making me feel assured that matters were being handled satisfactorily. I know that we made the right choice in choosing Fieldfisher solicitors. No amount of money can replace Peter but it does ensure financial security for the future.”

Peter Mansfield

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We also located the maintenance fitters at the Hospital who informed us that they were not warned of the dangers of deteriorating blue asbestos in the pipework to patients and staff traversing the corridors nor were they told to take any particular care.

In October 2015 the NHS admitted liability and the case proceeds to trial in January 2016 on quantum alone.

We are increasingly seeing cases of much more transient exposure to asbestos leading to mesothelioma especially involving women.

All Ann did was walk up and down corridors where there was deteriorating pipework . These cases are extremely difficult to prove evidentially and win. We have conducted similar cases arising out of hospitals at Guys, University College London and at various schools around the country.

Ann wrote to Peter::

“My gratitude to you for all the work and time that you put in to gain my compensation is never ending The entire process was overwhelming, but your thinking, kindness and support over those years kept my head above water and me afloat. I still feel bemused when I realise all you have done on my behalf. My hope is, too, that the case will set a precedent for anyone else in my position.”

NHS admit faulty pipework at hospital in Hackney caused mesothelioma 30 years later

Ann Syz a child psychotherapist was diagnosed with mesothelioma in 2012.

She could not remember where she was exposed

to asbestos but did recall traversing the corridors of the Hospital for Sick Children in Hackney as an employee in the 1980s where there was lagged pipework. During the course of lengthy investigations including Freedom of Information requests to both the Royal London and Great Ormond Street Hospitals, we were able to ascertain that not only did the Health & Safety Executive warn the Hospital that the blue asbestos was deteriorating in the pipework above the corridors where our client regularly walked, but also that nothing was done about it in the 1980s during our client’s employment there.

Ann Syz outside the now derelict Hospital For Sick Children Hospital Corridors

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Kathleen Heath was diagnosed with the asbestos cancer of mesothelioma in April 2014 at the age of 60.

Kathleen had worked as a laboratory technician prior to retirement in July 2013 and she was looking forward to enjoying her retirement with her husband.

After Kathleen retired they decided to move which involved a lot of lifting and packing. That is when she f irst started to notice that she was becoming quite breathless. This was unusual because Kathleen was a keen walker and a member of a walking group and she also enjoyed line dancing. At that time Kathleen put the breathlessness down to old age. The breathlessness got worse and by October 2013 Kathleen had to stop the line dancing.

Kathleen was referred to the Queen Elizabeth Hospital King’s Lynn for

Laboratory technician exposed to asbestos in fume cupboards

investigation and in February 2014 she had a chest X-ray which was suspicious and she was referred for further tests. By April 2014 Kathleen’s breathing was so bad that she was admitted to hospital and remained an inpatient for 2 weeks. It was when she was an inpatient that the doctors at the hospital questioned her about her employment history and whether she had been exposed to asbestos. At that time Kathleen was in a lot of pain and was taking Morphine and therefore was not in any condition to think about her employment history. It was not until after she was discharged from hospital that she started to think about her employment history in detail.

Kathleen recollected that she had worked for a company which she knew as Rio Tinto Zinc which was acquired by Pasminco Europe (Smelting) Ltd and then Britannia Zinc Ltd. Kathleen had worked for these companies from 1989 to 1998 as a laboratory analyst

and her job involved analysing new ore which was ground down so that it could be analysed. The ore was analysed in 3 laboratories and in total there were 8 large fume cupboards. Kathleen put the ore samples in 12 to 20 different beakers or platinum pots which were taken to the fume cupboards where Kathleen added various acids including hydrof luoric acid to the beakers/pots and placed them on the hot plate. Kathleen was only provided with rubber gloves even though she was handling dangerous acids.

Kathleen recollected that when she started her employment at Rio Tinto she was told by the Chief Chemist that the fume cupboards were lined with asbestos and that most of the equipment in the factory was lined with asbestos including all the furnaces. The fume cupboards were lined internally with the asbestos which was f itted to the sides and the top. Kathleen recollects that the asbestos lining was in a very poor condition and had deteriorated due to the age of the fume cupboards. Each morning a laboratory analyst had to sweep the dust which had gathered onto the hotplate with a brush and dust pan. The dust included asbestos dust because of the deteriorated asbestos lining.

Kathleen spent a lot of her day working close to the asbestos lined fume cupboards and brushed the dust from the inside of the cupboards. Little did she know that the dust she was sweeping included asbestos dust and fibres.

Kathleen contacted Fieldfisher solicitors at the end of April 2014 and we visited Kathleen at home in order to take a statement about her exposure

Kathleen Heath

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low offer but Kathleen did not accept the f irst offer and Shaheen was able to persuade the other side to increase their offer.

confirmed that Kathleen’s exposure to asbestos when working with the fume cupboards had caused the mesothelioma.

Solicitor Shaheen Mosquera was able to secure an interim payment of £50,000.00 on account of Kathleen’s compensation in mid-July 2015 and in August 2015 Kathleen’s claim was settled for just under £190,000.00. Initially, the other party had made a

to asbestos and we also assisted Kathleen with completing application forms for benefits for which she was eligible because of her diagnosis of mesothelioma.

Initial investigations included tracing Kathleen’s former employers and even though the companies were dissolved we managed to trace the employers’ liability insurers.

The claim was reported to Kathleen’s former employers’ representatives and they were trying to ascertain whether Kathleen may have been exposed to asbestos elsewhere or during her childhood. Kathleen provided detailed information about her childhood and believed that she had only been exposed to asbestos when working for Rio Tinto Zinc as a laboratory analyst.

A medical report was obtained from a respiratory physician and it

Kathleen was delighted that her case had settled without the need to

issue court proceedings and said

“Thank you for all you have done for me to obtain

this compensation for my illness. I now know that I

should be able to cope in the future.”

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to this date will receive the current allowances in the interim, until the lump sum is paid. The MOD’s Veterans Welfare Service will be on hand to help claimants with understanding the details and choices available.

For those currently in receipt of weekly or monthly payments, the MOD is considering whether any further assistance by way of a lump sum can be provided to them.

More information for veterans is available from the Veterans Welfare Service.

Minister for Defence Personnel and Veterans, Mark Lancaster MP, said:

“I have decided that a policy change is required to introduce enhanced arrangements for mesothelioma sufferers. These veterans protected the nation with honour, courage and commitment, and we have listened to their concerns to ensure they are treated with the fairness and respect they deserve.”

Veterans with diffuse mesothelioma can now choose whether to receive lump sum payments of up to £140,000, or regular

smaller payments, giving them more control of their f inances.

The changes to the scheme give it similar features to one for civilians, underlining the government’s commitment the Armed Forces Covenant. The Covenant is a promise from the nation ensuring that those who serve and have served are treated fairly.

The War Pensions Scheme provides weekly or monthly payments and also benefits for dependents. However, comparisons have been made with the recently introduced Diffuse Mesothelioma Payment Scheme, which provides lump sums for eligible civilians.

The Royal British Legion asked the MOD to consider offering lump sums - the MOD has listened and is correcting the disadvantage faced by some veterans when compared to their civilian counterparts.

Veterans diagnosed from today with mesothelioma as a result of their military service prior to 6 April 2005 will have the option of receiving a one-off payment of £140,000 under the War Pensions Scheme. Claimants who prefer the current arrangements can opt to receive weekly or monthly payments.

Compensation for veterans with asbestos cancer

Legislative provisions will be made to enable lump sums to be paid from 11 April 2016. Those choosing a lump sum whose claim is accepted prior

Peter Williams went on to say:

“For decades service veterans suffering from mesothelioma have been denied

compensation; this ruling at last goes some way to reversing this injustice.”

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estate and it settled a few months later. The settlement included compensation for the care that had been provided by his family as a result of the mesothelioma.

Compensation for family of Ex-Power Station worker for asbestosis and mesothelioma

Terence Warwick worked for the Central Electricity Generating Board (CEGB) from 1961 until 1967 and was based at Lombard Road Power Station in

Battersea as a furnace bricklayer’s mate.

At the power station there was a small shed in which the bricklayers would store all of their materials. They shared the shed with a lagger and the lagger’s mate who were also employed at the power station. The lagger’s mate would frequently mix asbestos lagging powder to form a lagging paste inside the shed . When the asbestos powder was poured into a tank of water, a huge cloud of dust formed inside the shed that would take some time to settle. The shed was also rarely swept and so asbestos dust was continuously present in this shed which Mr Warwick would visit at least once a day. The lagger’s mate was often mixing up the lagging paste when Mr Warwick was inside the shed. Mr Warwick was unaware of the dangers of asbestos at this time but found this working atmosphere extremely unpleasant. He asked the lagger’s mate not to mix up the powder inside the shed but his requests were ignored.

He was also exposed to asbestos when carrying out his own work because pipes at the back of the boilers in the power station were covered with asbestos lagging that was frequently broken off releasing asbestos dust and fibres into the air around him.

The CEGB took no precautions to protect Mr Warwick from exposure to asbestos dust and fibres. They did not advise him of the potential dangers to his health from this or of precautions that he might have taken to avoid it.

Mr Warwick developed asbestosis as a result of his exposure to asbestos and had been receiving industrial injuries disablement benefit for this since 2003. However, he was not advised that he could claim compensation against his former employers for an asbestos-related condition until July 2014 when he was diagnosed with mesothelioma. He then instructed Caroline Pinfold to pursue a claim for damages against the CEGB.

Caroline obtained an admission of liability and an interim payment of compensation during his lifetime, but sadly he passed away before his claim could be concluded when his condition deteriorated rapidly. One of his daughters continued the claim on behalf of his

His daughter wrote

“I would like to thank you for fighting my dad’s corner and as a family we appreciate everything you did for dad and us, no money will ever bring back my dad but we will be able to do a nice memorial in the cemetery so we have somewhere to go.”

Terence Warwick

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Stuart Packard, from Essex, was only 21 when he spent around three weeks working as an emergency security guard at the scene of the

IRA bomb in Manchester in 1996.

He was diagnosed in March of this year with mesothelioma, the cancer caused by exposure to particles of asbestos, unfortunately Stuart died in late 2015.

Stuart came into contact with asbestos dust from the demolition work in the aftermath of the blast which devastated the centre of the city.

The blast injured more than 200 people and destroyed buildings within a half-mile radius.

No-one was killed at the time, but many of the surrounding properties were destroyed and had to be demolished, costing the equivalent of £1.5 billion.

The huge clear-up operation took months and was complicated by the fact that of the buildings being demolished, some contained asbestos.

Unfortunately during this time Stuart was not given the correct safety equipment by his employer and he breathed in the dusts during the demolition while he was on duty as a security guard.

Father-of-two dies of mesothelioma from IRA bomb fallout

Peter Williams Said:

“Because of the condition’s long incubation period it can take years to be noticed Stuart only discovered he was suffering from the disease in March this year when he began to lose weight and felt tired and breathless all the time. Stuart’s doctor performed a lung biopsy and was shocked to discover that he was suffering from the disease because he was so young.

Mesothelioma usually attacks people at retirement age, but Stuart was only 42 when he died, which makes this case even more tragic.”

Stuart Packed

Aftermath of IRA Bomb

As reported in the:

&

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Compensation following exposure in Timber Mill

The compensation recovered included just over £8,000 on behalf of Havens Hospice where Mr Toms received care at the end of his life. The family were very keen that this money should be included in recognition of the care that had been provided to their father so that they could donate it to the Hospice on his behalf.

have been exposed to asbestos dust and fibres.

As a result of the information provided by former work mates, Caroline Pinfold was able to obtain an admission of liability from the insurers of the company.

Steve Toms was employed by H G Barham Limited as an office boy at the age of 16 and gradually progressed to become the Company Secretary before he was

made redundant in 1995. He was diagnosed with mesothelioma in February 2013 and advised that this had probably been caused by exposure to asbestos. H G Barham Limited was a firm of timber merchants and Steve’s work had been in the office for most of the time. He had no real knowledge as to how he might have been exposed to asbestos in this work. He was sure that he had not been exposed to asbestos anywhere else.

Mr Toms remembered that he often had to go into the mill a few times a day to collect the canteen money and check items of stock for customers. He could not recall any asbestos materials being in stock and sold to customers. It was therefore extremely difficult to pursue a claim on his behalf for exposure to asbestos during the course of this work. Unfortunately, the claim was still being investigated when he passed away in January 2014.

Caroline Pinfold was instructed to pursue the claim by Mr Toms’ son Mark and his daughter Michelle who were named as the executors of his estate. They informed her that at their father’s funeral they had spoken to several former employees of the company who had more knowledge than their father had about the use of asbestos materials at H G Barham Limited and could give evidence about this.

Caroline contacted the witnesses who described asbestos sheets and Asbestolux being stocked by the company. These were often cut to size for customers in the mill. One witness also remembered that he had taken photographs when corrugated asbestos cement roofs were being smashed up around the late 1980s when sheds in the yard were being demolished. Huge clouds of dust were blown all over the area when this demolition took place and anyone in the vicinity, including Mr Toms, could not have avoided breathing in a lot of asbestos dust and fibres at that time. One of the photographs also showed the shed where Asbestolux and asbestos sheeting were cut. Other witnesses also confirmed the cutting of Asbestolux and how Mr Toms was often in the mill and other areas where he would

Steve Toms

Steve’s son Mark Commented:

“When our father was diagnosed with Mesothelioma he contacted Caroline Pinfold at Fieldfisher to make a claim for compensation against the insurance company of his previous employers, H G Barham Ltd. Caroline took up the claim and won the case for his family but sadly, by the time the claim was completed he had passed away. The family are very grateful to Caroline for all the hard work she put in to achieve a very satisfactory settlement. Although no amount of money can ever compensate for the loss of our father it has enabled us to comply with his dying wishes which were to help provide a secure future for his children and grandchildren.”

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Compensation for Fieldfisher witness who goes on to develop mesothelioma

Dushal Mehta was instructed to bring a claim for Mr David Libby who had been diagnosed with mesothelioma. Mr

Libby approached Dushal after having assisted Fieldfisher in a previous case which they successfully pursued.

Mr Libby had worked at the Cape factory on Tolpits Lane in Watford between 1962 and 1974. Mr Libby worked in various departments for the company including the molding department, canteen and maintenance department. He and his family had a long aff iliation with the company as his father had worked in the factory (and managed to get his son a job at the factory) as well as his uncle and many friends. Throughout the time that Mr Libby worked at the company he was not warned of the dangers of working with or coming into contact with asbestos dust. When he started working for the company he would just wear his own clothes to work.

During the course of his time at the company he was exposed to asbestos through sweeping up asbestos dust, producing asbestos f lue pipes and working on the saw machines which cut asbestos. He recalled there being dust throughout the factory on the surfaces and f loors. It was visible in the air.

Mr Libby could not recall working with asbestos in any other job that he carried out after he left Cape. He spent over 30 years working for Anglian Water before he retired in 2010. In his retirement, he enjoyed a happy and active life. One of his great passions was Watford Football Club and he regularly had a season ticket to watch

them. He also enjoyed watching motor racing.

Dushal was able to secure an early admission of liability from Cape in respect of Mr Libby’s claim and within a few months Dushal settled Mr Libby’s claim for over £180,000.00. Unfortunately, whilst Mr Libby was undergoing investigations to ascertain whether he had mesothelioma he was also given the devastating news that his wife of over 40 years had developed dementia and Alzheimer’s. Her condition had rapidly deteriorated and she was reliant on her husband to care for her. Mr Libby was understandably worried and concerned as to what would happen to his wife when his condition deteriorated and he was no longer able to care for her. Mr Libby’s primary concern was his wife and her care. With the compensation he was awarded, he was able to ensure that he had made provision for her future care needs.

For many years, Mr Libby has helped Fieldfisher and many other law firms in pursing claims for those affected by the Cape factory in Watford. He has provided his f irst-hand experience of what occurred at the factory and how employees, visitors and the neighborhood at large would have been exposed to asbestos as a result of the negligence of the owners of the factory. His evidence alone has enabled many victims to recover damages for their families and loved

David Libby

Dushal commented:

“David has been a great source of help for many victims of mesothelioma. What was admirable was the way in which David came to terms with his diagnosis and the way he has tackled the illness is nothing short of admirable. What is even more remarkable is that he has remained strong and positive despite also being told at around the same time that he was diagnosed with mesothelioma that his wife had dementia and her condition was deteriorating.”

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Meet the team

Peter WilliamsHead of Asbestos Claimse: [email protected]: 020 7861 4825

Andrew MorganPartnere: [email protected]: 020 7861 4036

Dushal MehtaSenior Associatee: [email protected]: 020 7861 4033

Caroline PinfoldPartnere: [email protected]: 020 7861 4022

Shaheen MosqueraSolicitore: [email protected]: 020 7861 4393

Peter is head of the group. He has specialised in asbestos-related disease claims for 20 years and he gives annual talks to solicitors on the issues. The legal 500 recommends him as a leading personal injury lawyer who is “universally respected, and superb with clients”.

Shaheen joined Fieldfisher in 2015 as a Solicitor in the Asbestos Claims team and has been representing victims of asbestos exposure and in particular those diagnosed with mesothelioma. For the last 5 years she has settled many claims, recovering thousands of pounds in damages for the sufferers of Mesothelioma, Asbestosis and Asbestos related diseases.

Dushal specialises in asbestos disease cases, with specific expertise in mesothelioma claims. He joined the firm in 2009 and is a member of the Association of Personal Injury Lawyers. He has developed a reputation for securing early settlements in high profile cases.

Andrew has specialised in asbestos disease claims since 1993. He is a past coordinator of the Occupational Health Group of the Association of Personal Injury Lawyers (APIL) and is an APIL fellow. The Legal 500 describes Andrew as “clever, hardworking and respected by opponents”.

Caroline has specialised in asbestos disease claims for over 25 years. She is a Trustee of the East London Mesothelioma Support Group (ELMS) and is a member of the Association of Personal Injury Lawyers. Chambers, a leading legal directory states she is “incredibly hard working, has an eye for detail and fights very hard for her clients”.

What makes us different

� We often take on claims other lawyers have failed to investigate properly or where they have not been able to achieve a settlement

� When necessary we issue court proceedings to progress our client’s claims

� We are proactive in our approach to our cases and push for rapid settlements

� We’ve created one of the UK’s most extensive insurance databases to identify details of insurers of dissolved companies. Our database is used by other legal firms

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